2 30472 GOVERNMENT GAZETTE, 15 NOVEMBER 2007 CONTENTS -INHOLlD Page Gazette GENERAL NOTICE Independent Communications Authority of South Africa General Notice 1655 Electronic Communications Act: Notice in terms of section 31 (6),32 (1) and 35 (2) (b). 3 30472
STAATSKOERANT. 15 NOVEMBER 2007 No,30472 3 GENERAL NOTICE NOTICE 1655 OF 2007 Ie ~S J\ INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA HEREBY ISSUES A NOTICE IN TERMS OF SECTION 31(6), 32(1) AND 35(2) (b) OF THE ELECTRONIC COMMUNICATIONS ACT TO EXEMPT LOW POWER DEVICES OPERATING ON FM BAND II FROM LICENSING AND/OR TYPE APPROVAL. Enquiries may be directed to: Mr. Abel Thoobe RF Specialist: Frequency Management Email: Tel: Fax: athoobe@icasa.orq.za +27 11-321 - 8420 + 27 11-321 - 8538 Private Bag X10002 Sandton 2146 South Africa or Block A Pinmill Farm 164 Katherine Street Sandton PARIS MASHILE CHAIRPERSON ICASA
4 30472 GOVERNMENT GAZETTE, 15 NOVEMBER 2007 1. Definitions Compact Disc (CD) - is an optical disc of either 80mm or 120mm in diameter that can be used to store digital data, audio and DVD recordings. It can be adapted for use as data storage device, CD-ROM. CD's can be found in either record-once or re- writable media (CD-R or CD-RW). The recorded capacities are 700MB or 4.7GB. ECA - Electronic Communications Act, Act 36 of 2005. FM Band 11- VHF Broadcast band from 87.5 to 108 MHz. Pocket-Jukeboxes - small portable machines that play selected musical recordings. Short Range Devices - low power transmitters used for many types of application such as alarms, door openers, medical implants, radio frequency identification applications etc. They conform to different specifications in relation to power output, channel spacing & duty cycle. They are usually simple mass - market products. USB port - Universal serial bus enabled port that allows data communications between two electronic communications devices and it is self powered. 2. Background The Independent Communications Authority of South Africa ("herein after referred to as The Authority") has been conducting a research into the best possible practice of regulating low power devices, with emphasis on the type approval and/or Licensing of Pocket-Jukeboxes that have specific FM Band 1\ frequencies preset on them.
STAATSKOERANT, 15 NOVEMBER 2007 30472 5 3. Discussion This low power devices are popular as they enable the user to legally store up to 10 000 songs on miniature hard drive storage systems; they are easy to use and have became fashionable items. These short range devices (SRD's) are typically used for the purpose of listening from a home or car FM Band II radio receiver. There is an apparent increase in consumer's demand for such devices. This can be viewed as a logical evolution of technology from single CD player, to (multi CD holders) shuttles (6-12 CDs) and finally to the current low power devices (> 12 CDs). To date the Authority has not received any official interference complaints about the use of SRD FM Band \I equipment, from the available evidence it appears that the interference radius will be limited to 3m from the source. Thus no basis of permanent interference can be adduced. The Authority has noted a high number of latest models of vehicles that has USB ports for such devices as original equipment. The Authority has noted that these devices emit low effective radiated power (erp) levels (50nW) and the temporary nature of interference (within < 1m from the source). "The EGA" entrust the Authority with the powers to exempt some radio apparatus from either licensing or type approval or both. Section 31 (6) of "the EGA" states that: "The Authority may prescribe- (a) types of radio apparatus the use or possession of which; or (b) the circumstances in which the use or possession of radio apparatus, does not require a radio frequency spectrum licence, including but not limited to radio frequency spectrum allocated for use in respect ofradio
6 30472 GOVERNMENT GAZETTE. 15 NOVEMBER 2007 astronomy and other scientific use of radio frequency spectrum that have been coordinated and agreed to by the Authority. " Section 32 (1) further states that: "No person may possess any radio apparatus unless he or she is- (a) in possession ofa radio frequency spectrum licence granted in terms of this Chapter; or (b) exempted as prescribed in terms ofsection 31(6). n Section 35 (2)(b) also states that: "Circumstances under which the use of equipment, electronic communications facilities, radio apparatus, and subscriber equipment does not require approval including uses for research and development, demonstration of prototypes and testing." It is the Authority's view that these provisions of ''The ECA" empower the Authority to decide on the type of apparatus it will exempt from both licensing and type approval. 4. Conclusion The Authority has therefore decided to exempt the low power devices operating on FM Band " from both licensing and type approval, provided the power emitted from these devices is less or equal to 50nW. Consequently the Authority will not entertain any interference related queries from prospective owners of such devices.